43 U.S.C. § 2505 — Suspension of entries for correction of

Page 642 TITLE 43—PUBLIC LANDS § 2504 eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under section 1451 of this title. ‘‘Secretary of the Interior, or such officer as he may designate,’’ substituted for ‘‘Commissioner of the Gen- eral Land Office’’ on authority of section 403 of Reorg. Plan No. 3 of 1946. See note set out under section 1 of this title. § 2504. Extent of foregoing provisions Sections 2501 to 2503 of this title shall be appli- cable to all cases of suspended entries and loca- tions, which have arisen in the Bureau of Land Management since the 26th day of June 1856 as well as to all cases of a similar kind which may hereafter occur, embracing as well locations under bounty-land warrants as ordinary entries or sales, including homestead entries and pre- emption locations or cases; where the law has been substantially complied with, and the error or informality arose from ignorance, accident, or mistake which is satisfactorily explained; and where the rights of no other claimant or pre- emptor are prejudiced, or where there is no ad- verse claim. (R.S. § 2457; 1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.) Editorial Notes CODIFICATION Section was formerly classified to section 1164 of this title prior to editorial reclassification and renumbering as this section. R.S. § 2457 derived from act June 26, 1856, ch. 47, 11 Stat. 22. Executive Documents TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with cer- tain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under section 1451 of this title. ‘‘Bureau of Land Management’’ substituted for ‘‘Gen- eral Land Office’’ on authority of section 403 of Reorg. Plan No. 3 of 1946. See note set out under section 1 of this title. § 2505. Suspension of entries for correction of clerical errors; patents Whenever it shall appear to the Secretary of the Interior, or such officer as he may designate, that a clerical error has been committed in the entry of any of the public lands such entry may be suspended, upon proper notification to the claimant, through the local land office, until the error has been corrected; and all entries made under the preemption, homestead, desert-land, or timber-culture laws, in which final proof and payment may have been made and certificates issued, and to which there are no adverse claims originating prior to final entry and which have been sold or incumbered prior to the 1st day of March, 1888, and after final entry, to bona fide purchasers, or incumbrancers, for a valuable consideration, shall unless upon an investiga- tion by a Government agent, fraud on the part of the purchaser has been found, be confirmed and patented upon presentation of satisfactory proof to the Land Department of such sale or incumbrance: Provided, That after the lapse of two years from the date of the issuance of the receipt of such officer as the Secretary of the In- terior may designate upon the final entry of any tract of land under the homestead, timber-cul- ture, desert-land, or preemption laws, or under this act, and when there shall be no pending con- test or protest against the validity of such entry, the entryman shall be entitled to a pat- ent conveying the land by him entered, and the same shall be issued to him; but this proviso shall not be construed to require the delay of two years from the date of said entry before the issuing of a patent therefor. (Mar. 3, 1891, ch. 561, § 7, 26 Stat. 1098; Oct. 28, 1921, ch. 114, § 1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145; 1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.) Editorial Notes REFERENCES IN TEXT This act, referred to in text, means act Mar. 3, 1891, ch. 561, 26 Stat. 1095, which enacted sections 161, 162, 173, 174, 185, 202, 212, 321, 323, 325, 327 to 329, 663, 671, 687a–6, 718, 728, 732, 893, 946 to 949, 989, 2505, and 2506 of this title, former section 1181 of this title, sections 471, 607, 611, 611a, and 613 of Title 16, Conservation, section 426 of Title 25, Indians, former section 495 of Title 25, and sections 30, 36, 44, 45, 48, and 52 of Title 30, Mineral Lands and Mining. For complete classification of this Act to the Code, see Tables. CODIFICATION Section was formerly classified to section 1165 of this title prior to editorial reclassification and renumbering as this section, and to section 165 of this title prior to transfer to section 1165 of this title. Statutory Notes and Related Subsidiaries ABOLITION OF OFFICE OF SURVEYOR GENERAL AND TRANSFER OF FUNCTIONS Act Mar. 3, 1925, abolished office of surveyor general and transferred administration of all activities in charge of surveyors general to Field Surveying Service under jurisdiction of United States Supervisor of Sur- veys. Executive Documents TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with cer- tain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under section 1451 of this title. ‘‘Secretary of the Interior, or such officer as he may designate’’ and ‘‘receipt of such officer as the Secretary of the Interior may designate’’ substituted for ‘‘Com- missioner of the General Land Office’’ and ‘‘register’s receipt’’, respectively, on authority of section 403 of Reorg. Plan No. 3 of 1946. See note set out under section 1 of this title. § 2506. Limitations of suits to annul patents Suits by the United States to vacate and annul any patent shall only be brought within six years after the date of the issuance of such patents. (Mar. 3, 1891, ch. 559, 26 Stat. 1093; Mar. 3, 1891, ch. 561, § 8, 26 Stat. 1099.)